The Criminal Chamber of the Supreme Court of Justice ratified the sentence of 28 years in prison imposed on Luis Eduardo Castillo Brito, Juan Carlos Brito and Eyder Amado Castillo, accused of kidnapping a minor, according to sentence 287 drafted by Judge Maikel Moreno Perez.
The kidnapping of the 11-year-old boy occurred on August 21, 2012 in the José Ángel Lamas urbanization, Calle 5, Barquisimeto (Lara). The minor was subdued by a group of men, placed in a vehicle, then transferred to another until they took him to a home located in the La Vigía hamlet, Jiménez municipality (Quíbor), Lara state.
The following month, specifically on September 4, 2012, Cicpc officials rescued the child, who at the time was tied to a shop window, reports the TSJ ruling.
On that same occasion, the scientific police captured those allegedly involved in the plagiarism, who were later tried between September 2014 and April 2017, when they were sentenced to 28 years in prison, according to the judgment of the 3rd Trial Court of Lara, partially reflected by the Criminal Chamber.
The defense attorneys rejected that decision and for this reason they went to the Lara Court of Appeals, whose judges ratified the sentence. Because of this, the defense of the accused knocked on the doors of the Criminal Chamber where they filed an appeal.
complaints
The cassation appeal (appeal) delivered to the highest court in the country, contains seven complaints that deal with violations of the laws in which the Lara court of first instance would have incurred when sentencing those accused of kidnapping the minor.
The Criminal Chamber analyzed each of the complaints and dismissed them as “manifestly unfounded”, according to what is read in the sentence published on October 13 last.
When presenting its response to the defense of the Castillo Brito family, the Chamber recalled that when filing an appeal, it is not enough to simply allege the legal provision infringed and the reason for its origin, nor to point out its disagreement with the ruling that is adverse, “it is necessary that the grounds be concise and clear…the factual and legal grounds of the complaint must be clearly expressed.”
The magistrates stressed that from the Chamber they have recalled on several occasions “that there are a series of formalities for the correct preparation of the appeal.”
And in the specific case of the appeal filed by the kidnappers, the magistrates detected that they did so not so much to denounce failures in the application of constitutional principles, but rather that they wanted the Chamber to analyze the actions of the court of first instance and thereby deal with to annul the conviction, since this is prohibited by legal mandate.
Based on these arguments, the Chamber ratified the 28 years against the Castillo Brito.
